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FEDERAL REGISTER, Hearing on Allotments of Quotas and Prorations Thereof S ec . 801.22
When held. W henever the Secretary finds that the allotment of any quota or any proration thereof is necessary to assure an orderly an d ade quate flow of sugar or liquid sugar in the channels of interstate and foreign commerce, or to prevent disorderly m ar keting or importation o f sugar or liquid sugar, or to m aintain a continuous and stable supply of sugar or liquid sugar, or to afford all interested persons an equitable opportunity to market sugar or liquid sugar, he shall hold, or cause to be held, one or more hearings and give persons w ho m arket cm im port sugar or liquid sugar due notice and opportunity to be heard.
S ec . 801.23 Notice of hearing, a
The notice with respect to any hearing g n include a brief sum m ary of the purpose of the hearing, and the time and place of such hearing.

b The Hearing Clerk shall give such notice in the following maimer:
1 By publication of such notice in the F ederal R e g ist e r .
2 By issuing a press release con taining or describing such notice and making the same available to such news papers as will reasonably tend to bring notice to the persons entitled to allot ments.
3 Such other means may be used to .give notice, in addition to the above, as are calculated to give actual notice to such persons.
4 Failure to give notice by any one or more of the means herein provided shall not invalidate, or limit the applica tion of, any order alloting any quota or any proration thereof, provided due notice otherwise has been given.
c Proof of giving notice hereunder shall be made by the affidavit of the Hearing Clerk. Such affidavit shall be filed by the Hearing Clerk and the filing thereof noted on a docket. Whenever such affidavit has been filed, it shall constitute a paper or document of the United States Department of Agriculture within the meaning of Title 28, Section 661, of the United States Code.
d The notice of hearing shall be is sued at least ten days prior to the date fixed for the hearing set forth in said notice unless the Secretary shall deter mine that an emergency exists which re quires a shorter period o f notice, in which case the period of notice shall be that which the Secretary may determine to be reasonable in the circumstances.
S ec . 801.24 Designation and powers of presiding officer. Each such hearing shall be conducted by a presiding officer, who shall be the Secretary or such officer or employee of the United States Depart ment of Agriculture as the Secretary may designate for that purpose. Any such designation may be made or revoked by the Secretary at any time. Such hearing shall be conducted in a manner to be de
T uesda y, F e b ru a ry
7,
1939

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termined by the presiding officer to afford quired to be submitted within a time to a full, fair, and reasonable hearing, sub be specified by the presiding officer.
ject to the provisions of the Act and ap Where the testimony of a witness refers plicable regulations issued pursuant to a statute, or to a report or published document of a public nature, the presid thereto.
S ec . 801.25 Continuance of hearing. ing officer may, after inquiries relating to Each such hearing shall be held at the and identification of such document, de time and place set forth in the notice of termine whether the same shall be pro hearing, but may at such time and place duced at the hearing and physically be be continued by the presiding officer from made a part of the record or whether it day to day or adjourned to a later day shall be incorporated into the record of or to a different place without notice the hearing by reference. Documents of other than the announcement thereof at a private nature may be incorporated in the hearing.
the record by reference if there is no S ec . 801.26 Submission of evidence. objection made thereto at the time by All persons, including those testifying in any party at interest. Where relevant behalf of the Sugar Division, shall be and material matter offered in evidence given reasonable opportunity to offer evi is embraced in a document containing dence with respect to matters specified matter not material or relevant, such im in the notice of hearing. Every witness material and irrelevant parts shall be shall, before proceeding to testify, be excluded and shall be segregated insofar sworn or make affirmation, after which as practicable.
he shall state his name, address, occupa S ec . 801.29 W ritten arguments; sug tion, and whom he represents at the gested findings of fact. The presiding hearing, and shall give such other in officer shall announce at the hearing a formation respecting his appearance as reasonable period within which the in the presiding officer may request. The terested persons and the Sugar Division presiding officer shall confine the evi may file with the Hearing Clerk written dence to relevant matters but need not arguments or suggested findings of fact, apply the technical rules of evidence. or both, based solely on the evidence re Affidavits as to relevant economic facts ceived at the hearing. Such period may may be admitted in evidence, but the be extended by the presiding officer for Secretary, in determining the weight to good cause, such as delay in the furnish be given to such affidavits, will consider ing of the transcript of the evidence or the lack of opportunity for cross-exami the transcript being of such volume that nation. Opinion evidence shall be ad it may not be thoroughly digested with mitted where the presiding officer is in the period first fixed.
satisfied that the witness is qualified to S ec . 801.30 Filing the transcript of give such evidence. I f any person ob the evidence. The presiding officer shall, jects to the admission of any evidence as soon as practicable after the close of offered against him, or to the rejection a hearing, notify the Hearing Clerk of its of any evidence offered by him, or to the close and of the time for filing written limitation of the scope of any evidence arguments and suggested findings of introduced by him, he shall state the facts, and furnish the Hearing Clerk grounds o f such objection.
with such other information as may be S ec . 801.27 Order of procedure, a necessary. As soon as practicable after H ie presiding officer shall read the notice the close of the hearing, the presiding of hearing and the designation of the officer shall transmit to the Hearing presiding officer, and shall then out Clerk an original and three copies of the line briefly the procedural rules to be transcript of the testimony and the original and all copies of exhibits not followed.
b Evidence shall then be receivedalready on file with the Hearing Clerk.
with respect to the matters specified in He shall attach to the original transcript the notice of the hearing in such order of the evidence a certificate stating that the transcript is a true transcript of the as the presiding officer may prescribe.
S ec . 801.28 Transcript of the evi testimony given at the hearing, except dence. Testimony given at a hearing in such particulars as he shall specify, shall be reported verbatim. All written and that the exhibits transmitted are statements, charts, tabulations, or simi all the exhibits introduced at the hear lar data offered in evidence at the hear ing, with such exceptions as he shall ing shall, after identification by the pro specify. A copy of such certificate shall ponent and upon satisfactory showing of be attached to each of the copies of the the authenticity, relevancy, and materi transcript of evidence. In accordance ality of the contents thereof, be num with such certificate, the Hearing Clerk bered as exhibits and received in evi shall note upon the original and upon dence and made a part of the record. each copy o f the transcript each correc Such exhibits shall, if possible under the tion detailed therein by adding or cross circumstances, be submitted in quad ing out at the appropriate place any ruplicate and in typewritten, printed, or words necessary to make the text con mimeographed form. In case the re form to the correct meaning.
S ec . 801.31 Copies of the transcript of quired number of copies is not made available, the presiding officer shall ex the testimony, etc. Any person desiring ercise his discretion as to whether said a copy of the transcript of the testimony exhibit shall be read in evidence or or of any written exhibit or written argu whether additional copies shall be re ment shall be entitled to the same upon